Because our lawyers handle cases in different jurisdictions, I have a keen interest in average verdicts and settlements in different states. The dynamics of every state is different.
I found this data from the Alabama Jury Verdict Reporter providing average malpractice verdict data in Alabama for 2005:
|Statewide totals||Medical||Trials||Win-Loss %||Aggregate Verdicts||Plaintiff’s Average||Average|
|Statewide Adjusted Total (Less the largest result $14,500,000 Case No. 638)||141||42-99||29.8%||$49,325,318||$1,174,412||$349,824|
|Jefferson County only||43||14-29||32.6%||$18,775,299||$1,341,092||$436,634|
|State excluding Jefferson County||99||29-70||29.3%||$45,050,019||$1,553,448||$455,050|
|Death Verdicts Only||66||9-57||13.6%||$40,825,000||$4,536,111||$615,560|
|Non-Death Verdicts only||76||34-42||44.7%||$23,000,318||$676,479||$302,635|
So, essentially, the average medical malpractice lawsuit in Alabama that went to trial was $449,474 overall with plaintiff’s winning 30.3% of trials. In trials won by Plaintiff, the average verdict was $1,484,309. (In case this is not clear, the former statistic includes in the average malpractice cases that were lost.
It is very interesting to learn that wrongful death medical malpractice plaintiffs prevailed in only 13.6% of cases and living (presumably unless they died of an unrelated cause before trial) medical malpractice plaintiffs won 44.7% of their cases. But medical malpractice lawyers in Alabama deciding whether to take on a case should note that the average plaintiff’s verdict in wrongful death malpractice cases in Alabama is $4,536,111.